12-01751L

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CASE NO. 11-CA-053214
FIRST-CITIZENS BANK & TRUST COMPANY, successor by merger with IRONSTONE BANK f/k/a ATLANTIC STATES BANK,
Plaintiff, vs.
CITY OF PALMS HOLDINGS, LLC., a Florida limited liability company; RWA, INC., a Florida corporation; EMILIO J. ROBAU, individually; MICHELLE ROBAU, individually; JOHN S. WILLIAMS, individually; SARAH E.
WILLIAMS, individually;
ROBERT J. MULHERE,
individually; ROGER G. CARTER, individually; CHRISTOPHER O. WRIGHT, individually; MONIQUE P. WRIGHT, individually;
GAIL W. ANDERSON, individually;
UNKNOWN TENANT #1 IN
POSSESSION OF SUBJECT
PROPERTY; UNKNOWN TENANT #2 IN POSSESSION OF
SUBJECT PROPERTY; THE UNITED STATES OF AMERICA on behalf of the SMALL BUSINESS ADMINISTRATION, an Agency of the United States of America;
Defendants.
Notice is hereby given that pursuant to the Final Judgment of Foreclosure entered in this cause, in the Circuit Court for Lee County, Florida, I will sell the property situated in Lee County, Florida:
See Exhibits “A” and “B” attached hereto and made a part hereof.

Said property has a street address of 1528-1560 Carson Street, Ft. Myers, FL 33901

PLAINTIFF'S EXHIBIT A

LEGAL DESCRIPTION:

A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTION 14, TOWNSHIP 44 SOUTH, RANGE 24 EAST, BEING LOTS 14, 15 AND 16 AND A PORTION OF LOTS 1, 2 AND 13, ALL OF HENLEY PLACE, THOS. H. PHILIPS JR'S DIVISION, AS RECORDED IN PLAT BOOK 4, PAGE 54 AND THE SOUTH 373.56 FEET OF LOT 1, BLOCK 5, HOMESTEAD OF JAMES EVANS, AS RECORDED IN PLAT BOOK 1, PAGE 23, ALL OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF LOT 2, HENLEY PLACE, THOS. H. PHILIPS JR'S DIVISION, AS RECORDED IN PLAT BOOK 4, PAGE 54, PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE N.45°16'57”W., ALONG THE WESTERLY LINE OF SAID LOT 2, FOR 10.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE ALONG SAID WESTERLY LINE AND THE WESTERLY LINE OF LOTS 16, 15, 14 AND 13 OF SAID HENLEY PLACE THE FOLLOWING FOUR (4) CALLS; (1) THENCE CONTINUE N.45°16'57”W., FOR 95.01 FEET TO A POINT OF CURVATURE; (2) THENCE NORTHWESTERLY 22.73 FEET ALONG THE ARC OF A TANGENTIAL, CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 29.00 FEET THROUGH A CENTRAL ANGLE OF 44°54'04” AND BEING SUBTENDED BY A CHORD WHICH BEARS N.22°49'55''W. FOR 22.15 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE NORTHWESTERLY 221.00 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 141.00 FEET THROUGH A CENTRAL ANGLE OF 89°48'09'' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.45°16'58''W, FOR 199.06 FEET TO A POINT OF REVERSE CURVATURE; (4) THENCE WESTERLY 17.69 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 29.00 FEET THROUGH A CENTRAL ANGLE OF 34°57'23” AND BEING SUBTENDED BY A CHORD WHICH BEARS N.72°42'21”W, FOR 17.42 FEET; THENCE N.44°42'29''E, ALONG A LINE LYING 5.00 FEET SOUTHERLY AND PARALLEL TO THE NORTH LINE OF SAID LOT 13, FOR 158.18 FEET TO A POINT ON THE EASTERLY LINE OF SAID HENLEY PLACE AND THE WESTERLY LINE OF LOT 1, BLOCK 5, HOMESTEAD OF JAMES EVANS, AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE N.45°16'00''W., ALONG SAID WESTERLY LINE, FOR 33.87 FEET TO THE NORTH LINE OF THE SOUTH 373.5 FEET OF SAID LOT 1; THENCE N.44°55'03''E., ALONG SAID NORTH LINE, FOR 101.59 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF CARSON STREET AS DEPICTED ON SAID PLAT; THENCE, ALONG SAID RIGHT OF WAY LINE, THE RIGHT OF WAY LINE FOR CLEVELAND AVENUE (STATE ROAD 45, U.S. HIGHWAY 41) AND THE NORTHERLY RIGHT OF WAY FOR MCGREGOR BOULEVARD, THE FOLLOWING SEVEN (7) CALLS: (1) THENCE S.45°04'57”E., FOR 181.84 FEET; (2) THENCE S.44°55'03”W., FOR 8.53 FEET; (3) THENCE S.45°04'57”E, FOR 33.66 FEET TO A POINT ON A CURVE; (4) THENCE SOUTHERLY 73.48 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 80.50 FEET THROUGH A CENTRAL ANGLE OF 52°18'10” AND BEING SUBTENDED BY A CHORD WHICH BEARS S.20°14'10”E. FOR 70.96 FEET TO A POINT ON A CURVE; (5) THENCE SOUTHERLY 159.63 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 383.44 FEET THROUGH A CENTRAL ANGLE OF 23°51'10” AND BEING SUBTENDED BY A CHORD WHICH BEARS S.17°50'34''W., FOR 158.48 FEET; (6) THENCE S.26°12'55”W., FOR 38.25 FEET; (7) THENCE S.44°42'22''W., FOR 43.26 FEET TO THE POINT OF BEGINNING.

Plaintiff's Exhibit B

All buildings and improvements of every kind and description now or hereafter erected or placed on the real property legally described in Exhibit “B” hereto and owned by the Debtor (the “Premises”) and all materials intended for construction, reconstruction, rehabilitation, alteration and repairs of such improvements now or hereafter erected thereon, all of which materials shall be deemed to be included within the Premises immediately upon the delivery thereof to the Premises, and all fixtures, goods and articles of personal property now or hereafter owned by Debtors and attached to or forming a part of or used in connection with the Premises or the operation, occupancy and convenience of any building or buildings and improvements located thereon, including, but without limitation, all furniture, furnishings, equipment, apparatus, machinery, motors, elevators, fittings, screens, awnings, partitions, and convenience of the Premises, and all plumbing, electrical, heating, lighting, ventilating, refrigerating, incineration, air-conditioning, and sprinkler equipment, systems, fixtures, and conduits (including, but not limited to, all furnaces, boilers, hot-and-cold water equipment and system), and all renewals or replacements thereof or articles in substitution therefor, in all cases whether or not the same are or shall be attached to the Premises in any manner.

All right, title, estate, and interest of the Debtors in and to the Premises, property, improvements, furniture, furnishing, apparatus, and fixtures hereby conveyed, assigned, pledged, and hypothecated, or intended so to be.

All accounts receivable, rents, issues, profits, royalties, income, and other benefits derived from the real estate.

All leasehold estate, right, title and interest of Debtors in and to all leases or subleases covering the Premises or any portion thereof now or hereafter existing or entered into, and all right, limitation, all cash or security deposits, advance rentals, and deposits or payments of similar nature.

All awards and other compensation heretofore or hereafter to be made to the present and all subsequent owners of the Premises for any taking by eminent domain, either permanent or temporary, of all or any part of the Premises or any easement or appurtenance thereof, including severance and consequential damage and change in grade of streets.

All insurance proceeds as a result of damage or destruction to the Premises.

All accounts, general intangibles, contract rights, chattel paper, deposit accounts, money, documents, encumbrances and instruments, now or hereafter owned by Debtor and related to, used in connection with or arising out of the premises or any improvements located thereon.

All proceeds of the foregoing and all substitutions, replacements and accessions thereto. The security interest herein is limited to such of the foregoing as is owned by Debtors.
at public sale, to the highest and best bidder, at www.lee.realforeclose.com. at 9:00 a.m. on June 1, 2012.
Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the Lis Pendens must file a claim within sixty (60) days after the sale.
CHARLIE GREEN
CLERK OF THE CIRCUIT COURT
(SEAL) By: S. Hughes
As Deputy Clerk
Dated: April 6, 2012.
Gary I. Masel, Esq.
Quintairos, Prieto,
Wood & Boyer, P.A.
One East Broward Boulevard
Suite 1400
Fort Lauderdale, FL 33301
(954) 523-7008 - Telephone
(954) 523-7009 - Facsimile
April 13, 20, 2012 12-01751L